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Acquisition Policy Flash! 23-15

What's Changed?

VA Acquisition Regulation (VAAR) Class Deviation to VAAR Part 815, Contracting by Negotiation, and Subpart 819.70, The VA Veterans First Contracting Program

Purpose: To issue a class deviation in accordance with Federal Acquisition Regulation (FAR) 1.404, and VAAR 801.404, Class deviations, to move the coverage at VAAR 819.7010, Tiered Set-Aside Evaluation, to part 815, Contracting by Negotiation. As a result, VA Acquisition Regulation (VAAR) Class Deviation to VAAR 819.7010, Tiered Set-Aside Evaluation, dated May 4, 2023, is rescinded.

Affected VAAR Parts: VAAR parts 815 and 819.

Effective Date: July 28, 2023.

Background: Currently, the VA acquisition policy regarding tiered set-aside evaluation resides at 819.7010. The deviation is needed to appropriately move VA acquisition policy concerning tiered set-aside evaluation from VAAR section 819.7010 to a new VAAR section 815.101-370, Tiered set-aside evaluation, to align with the FAR.

VAAR section 815.101-370 is added, as shown in the attachment, under new VAAR subpart 815.1, Source Selection Processes and Techniques, containing the underlying sections 815.101, Best value continuum; 815.101-3, Tiered evaluation of small business offers; and 815.101-370, Tiered set-aside evaluation. As a result, VAAR 819.7010 is removed and reserved, also as shown in the attachment.

Applicability: This class deviation applies to all VA contracting activities.

Action Required: Heads of Contracting Activity shall comply with the attached class deviation when applicable.

Additional Information: Direct any questions to the Office of Acquisition and Logistics (003A), Procurement Policy and Warrant Management Service (003A2A) at